Advise needed for a rta in the usa

[PJB71]

Hi

I have posted on the UK site but need all the advise I can get, so I appoligise if you are reading this twice.

I will keep it short and sweet, but we have just returned from a fab 3wks in Orlando.

2 Days before we were due to come home an 80yr old woman ran a red light causing my brother to hit her, there were witnesses to prove it wasnt his fault, and he needed hospital treatment for his injuries.

We are just so thankfull that his wife & 3 Kids decided to stay with us in our villa that morning so there was only him in the car, which has been written off.

He has damaged all his shoulder (which is in a sling), his back and his neck, but thankfully he was able to return home with us all, although he was in a lot of pain.

He had travel insurance, and the full car insurance with Dollar, but he has been told by a UK specialist today that is could be several weeks before he can return to work and suggested that he should make a claim for his injuries.

We have spoken to a few UK solicitors today, but none of them are interested as the accident happened in the USA.

Could anyone help us with any advise on this, recommend anyone, or have any numbers or contact details they can provide us with.

Please dont think that we in this for $$$$$ but we are just hitting a brick wall and dont know were to turn to next.

Thank you in advance for your help

 

[Tinker'n'Fun]

The rental company "may" help you out or you may have to do this yourself, but you should be contacting the insurance company of the woman who hit your brother and if it truly was deemed her fault, they should be paying for the lost time, BUT DO NOT SETTLE with them for a dollar amount. Keep the claim open and sorry to say, you may need to contact an attorney, but I am not sure if it would be in the states or in the UK. Sorry I couldn't be more specific, but hopefully this will help you get a little start.

And so sorry to hear about the accident.

 

[PJB71]

Hi Tinker'n'Fun

Thank you so much for taking the time to reply.

The lady at the car rental place was a disgrace, and we are actually going to make an official complaint about her. My mum and dad went to the Dollar offices on the 192 to explain what had happened after spending several hours with my brother in the hospital and having to go to the car wreckage compound to get my brother and his families personal belongings out of the wrecked vechical to try and get some things sorted.

The service this woman gave them was discusting to say the least as her words where "Well what to you expect me to do about it, I should'nt even be here as I was supposed to of gone home 30mins ago but nobody has turned up to replace me, even another customer who was waiting to be served by this woman was appauled so much by the way the dollar employee was treating my parents told this employee what a disgrace she was.

We have tried to contact several UK attorneys today but as we are from the UK and the accident was in the USA they are not interested. We are just a little unsure of contacting a USA attorney as it would be just picking a name at random, unless anyone from the USA could recommend one?

Thank you once again for your kind reply.
Paulaxx
QUOTE=Tinker'n'Fun;34872306]The rental company "may" help you out or you may have to do this yourself, but you should be contacting the insurance company of the woman who hit your brother and if it truly was deemed her fault, they should be paying for the lost time, BUT DO NOT SETTLE with them for a dollar amount. Keep the claim open and sorry to say, you may need to contact an attorney, but I am not sure if it would be in the states or in the UK. Sorry I couldn't be more specific, but hopefully this will help you get a little start.

And so sorry to hear about the accident.[/QUOTE]

 

[NotUrsula]

You will need an American attorney who is licensed in Florida to handle any lawsuit. Attorneys who handle this sort of work are known in the US as personal injury plaintiff's attorneys. The normal setup is that if the attorney takes your case, you pay nothing up front, but if he/she wins a judgement, approximately 30% of the amount is taken off the top in attorney's fees. As you can imagine, this arrangement means that decent plaintiff's attorneys will not take a case that they do not think that they can win, or at least settle profitably, as otherwise it will be a total waste of time.

As the accident happened in Orlando, you would be best advised to contact an attorney who is located in the county where the accident happened (probably either Orange or Osceola), as all hearings, etc. will be held in that locality. You don't want someone from outside the area, for two reasons, 1) a local person will know the courts, and be able to more accurately judge the potential for success, and 2) local people are less likely to miss hearings, etc. Doing so could cause the case to be dismissed.

Once you get a few names, contact the Florida Bar Assn. to check on whether those persons have any complaints on file.

If all he is seeking is lost wages, you may have a bit of difficulty finding someone to take the case, as the payout would be fairly small in most situtions. Most Americans who sue under similar circumstances in the US are seeking medical costs as well, and that makes the take much richer for the attorney.